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A man was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and received his incarceration period increased to a decade.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the panel will affirm that in this country, human rights are also women’s rights – that consent is personal, not transferred,” declared the victim's lawyer, her legal representative. “Consent is received directly and not via a representative from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for sedating his then wife and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the sole individual to appeal against his sentence. He was first handed a term to nine years in prison, a sentence increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to rape the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly testify at the hearing, stated to the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a wider discussion on rape culture in society as the defendant continued to claim he was innocent and had not committed rape, contending that because the victim's husband had allowed him into the room, his actions had been justifiable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a timeframe of what police said was three and a half hours. The court official said she had been at risk of fatal outcome by choking. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Dogan's Claims

The defendant stated to the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” Dogan informed the court. “I continued because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to injure that woman.”

Victim's Response

The survivor, who was applauded upon departing the trial each day by onlookers gathered to stand with her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to rape an unconscious woman. At what point did I give you consent? Not once.”

Gisèle Pelicot, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the course of that, maybe driven by the societal understanding resulting from the exposure of your ordeal.”

Sie said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “For as much as you reject it, it’s not just a person, it’s an whole sordid social system that you are upholding.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that the defendant began smoking cannabis at the age of ten. When Dogan was 17 he was caught by authorities for selling narcotics and his parent evicted him the family house. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had informed a court psychologist that each year he looked for transactional encounters on his birthday. His legal representatives informed the court he had a medical condition triggered by the pressure of the first trial.